Vol. 563 No. 2
122 Mr. Costello asked the Minister for Justice, Equality and Law Reform when he plans to bring forward legislative proposals arising from the reports for the Commission on Liquor Licensing; the proposals he is considering in this regard; and if he will make a statement on the matter. [7527/03]
The Commission on Liquor Licensing was established in November 2000. Its remit is to review the liquor licensing system and make recommendations for a system geared to meet the needs of consumers in a competitive marketing environment, while taking due account of the social, health and economic interests of a modern society.
As the Deputy will be aware, the commission has submitted three reports to date and I understand it is in the process of completing its final report. I spoke to the chairman today who told me it will be submitted to me in the coming fortnight. I will then seek Government approval to have it published in the normal way.
As regards legislative proposals to give effect to the commission's recommendations, I have already announced a codification of the entire liquor licensing code. The codification I have in mind has two aspects. First, it will consolidate into a single instrument the licensing law provisions currently scattered over many statutes, some of them dating back to the early part of the 19th century. Second, it will reform the licensing laws and for this purpose will draw on the valuable work of both the Commission on Liquor Licensing and the strategic task force on alcohol and the recommendations for reform set out in their respective reports.
As regards timing, the position is that preparatory work has already commenced and I hope a draft general scheme of the codification Bill will be ready by the middle of next year. While I am not currently in a position to outline the content of the codification proposal, not least because I am still awaiting the final report of the commission, I can outline a number of guiding principles. The aim should be a rationalisation of licensing law in order to make the intoxicating liquor code more accessible and user-friendly for licensees and the public alike. The importance of public order and public health aspects must be fully recognised to prevent and reduce the incidence of alcohol-related harm. Clear and coherent legislative provisions that leave no room for ambiguity or doubt are required to ensure compliance with, and enforcement of, the law. Open and transparent decision-making procedure, including adequate advance notification for designated notice parties and opportunities for public consultation, are essential. Objective criteria for granting licences are required that recognise, among other things, the need for an appropriate spatial distribution of licensed premises in order to serve the needs of local areas and their communities. Where possible, application and renewal procedures should be streamlined in order to reduce unnecessary administrative burdens and overheads.
Additional informationExisting sanctions and penalties need to be reviewed and updated to fully reflect the gravity of offences in this area.
There is an urgent issue that needs to be addressed in advance of the codification exercise. In its report on admission and service in licensed premises, published in December last, the Commission on Liquor Licensing identified certain weaknesses in the existing law in relation to drunkenness and pointed to the need to strengthen legislative provisions in this area. The commission made similar recommendations in relation to violent, quarrelsome and disorderly conduct on licensed premises.
Having considered the commission's recommendations, I decided that an urgent response was called for and I intend, therefore, to bring proposals to Government as soon as possible for the necessary legislative changes, including stronger penalties, as recommended by the commission. The necessary preparatory work is already under way in my Department and I hope to obtain Government approval for the amending legislation before Easter.
I take this opportunity to thank the chairman and members of the Commission on Liquor Licensing for their commitment and hard work over the past two years, and also thank all those organisations and individuals who responded to the commission's invitations to submit views and proposals for changes in the licensing laws and thereby assisted the commission in its work.
I did not expect a reply that was not related to the question. My question related to how the Minister proposed to deal with the report of the Commission on Liquor Licensing. Codification of the law, which already contains approximately 70 statutes, is a different matter. I am seeking an immediate response. The Minister is already on record in the media in regard to the issue. He has often enough leaked to the media that he intends to make proposals in regard to young people between the ages of 18 and 25 having mandatory proof of identification before being allowed into public houses, local authorities having a brief in regard to the allocation of licences and the hours of licensing and deregulation of the licensing laws. He is forever making speeches abroad about what he will do. However, his reply to me is that he will codify the licensing law sometime in 2004. I do not believe that can be done in 12 months.
I seek a specific answer from the Minister to the problems currently experienced in the licensed trade, including the manner in which licensed premises operate and the question of very large fatalities on the roads. A recent report indicated serious public order offences relating to under age and binge drinking. My question related to matters of that nature. I would like a response as to when he will have specific proposals on how to deal with what he is talking about to the media almost every day of the week.
The Deputy asked a different question from the one he now claims to have asked. He asked when I proposed to bring forward legislative proposals arising from the reports of the Commission on Liquor Licensing. Since I have not got the final report, which is a major report of that body, apart from the interim reports received to date, I cannot tell him about the steps I will take. Unlike the Deputy, I have not been privy to the text of the final report of the commission. I am not in a position, therefore, to answer the Deputy by saying that I intend to bring forward specific recommendations arising out of a report I have not yet seen.
I pay tribute to the commission and its excellent chairman, Mr. Gordon Holmes, for all the work he has done. I assure the House that he told me this morning when I spoke to him on the phone that he will have the report with me in the next two weeks. When I know what the report contains, I will bring it to Government and the Deputy will then be in a position to ask me what I propose to do about it. Apart from that, I cannot engage in crystal ball gazing.
We must proceed to Question No. 123.
The first part of my question asked when does the Minister plan to bring forward legislative proposals? He already announced he will receive the final report in two weeks' time. He answered a question I did not ask, which related to the codification of the liquor licensing code. When does the Minister intend to legislate specifically to deal with the four reports of the Commission on Liquor Licensing?
I do not like to correct the Deputy unduly, but the question he asked was when do I plan to bring forward legislative proposals arising from the reports of the Commission on Liquor Licensing. Since the main report is yet to land on my desk, I cannot be more specific than I have been.
